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 April 28, 2008

In this week's issue of the Capitol Child Advocate:

MISSOURI:

1.   Three weeks left for Missouri Legislative Session

2.  Senate Committees Discuss Bills Impacting Child Abuse

   o  Courtroom Bill of Rights

        o  Death Penalty for Child Rape

        o  SB1106 Puts Children at Risk

3.   Conference Negotiations Begin on FY ’09 Budget

4.   Senate Approves Insure Missouri Proposal

5.   Home Visiting Expansion Passes as House Amendment

 

KANSAS:

1.     Business leaders hear economic, workforce benefits of investing early 

 The Kansas Legislature adjourned for break on April 4 and will return April 30.

 

NATIONAL:

1.   House Votes Overwhelmingly to Delay new Medicaid Regulations

2.  Cover the Uninsured Week April 27th – May 3rd

 

MISSOURI LEGISLATIVE UPDATE

 

With only three weeks remaining in the 2008 Missouri Legislative Session, legislators are debating bills long into the evening and advocates are watching time run down for our priority legislation to be heard, debated, and passed. So far this session:

  • 1,999 bills, resolutions, and constitutional amendments have been filed in the House & Senate
  • 505 bills have passed through committee (25.3%)
  • 308 bills have passed one chamber (15.4%)
  • 23 bills have passed both chambers (1.2%)
  • 6 bills have been signed by the Governor (.3%)

Partnership for Children is still following three priority bills relating to early care and education. SB 726, the Quality Rating System, passed the Senate on March 27th but has not yet been referred to a committee in the House. It is expected that the House will turn their efforts starting next week to advancing bills that have already passed the Senate. HB 2264, relating to child care affordability, has been referred to the House Special Committee on Family Services and we are still working on scheduling a hearing on this important legislation before the end of session. Finally, PFC is looking for opportunities to advance SB 1221, revising Missouri’s P-20 Council, by amending it to other legislation moving through the process. One thing is for sure, there is lots more work to do before May 16th!

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SENATE COMMITTEES DISCUSS BILLS IMPACTING CHILD ABUSE

Three bills addressing investigations and penalties for child abuse were discussed in Senate committees this week.

 

Children’s Courtroom Bill of Rights: HB 1611, establishing a children’s bill of courtroom rights, was heard in the Senate Judiciary Committee last Monday. Witnesses in support of the bill, including the Springfield child advocacy center, have highlighted the special needs of child witnesses who have been victims of abuse. The committee chairman, Senator Matt Bartle, raised concerns that the bill might make it more difficult for prosecutors to determine if a child is lying about sexual abuse. Senator Bartle was particularly concerned of the bill’s impact if Missouri passes legislation allowing capital punishment for child rape (SB1194).

 

Death Penalty for Child Rape: Incidentally, the committee voted to pass SB1194 the same night and it is now on the Senate Calendar. The Supreme Court is expected to rule later this year on the constitutionality of similar legislation in Louisiana. Partnership for Children opposes SB 1194 because making child rape a capital offense could deter children from reporting their abuse out of fear that a family member or family friend could be put to death.  In addition, those who have been given the death penalty often go through years of appeals.  Putting children who have been victimized through a capital punishment case could make them relive their victimization for many years to come.

 

Child Abuse & Neglect Registry: Finally, SB1106, sponsored by Sen. Delbert Scott, was heard in Seniors, Families & Public Health last week.  Partnership for Children and our partners across Kansas City and Missouri, worked hard to keep this legislation from moving forward—with 3 weeks remaining in the legislative session, it is unlikely to progress.  There are several provisions that have child advocates concerned. SB 1106 would allow perpetrators to circumvent the Child Abuse and Neglect Review Board and go straight to circuit court. In addition, it would prevent perpetrators names from being placed on the Central Registry while awaiting action by the court, which in some circuits could be as long as three years. 

 

In addition, this bill requires that trials de novo be conducted under the Missouri criminal rules of evidence instead of the Missouri rules of civil procedure, which shifts the emphasis from focusing on the welfare of the child witness to the alleged perpetrators right to confront the witness. This can result in a court giving less weight to the emotional challenges that a child victim may experience if placed in a position of either choosing to testify in person and face the alleged perpetrator or choosing not to testify and allow the alleged perpetrator to go free.  Partnership for Children opposed this bill in committee.  We were joined by the Missouri Juvenile Justice Association and the Child Advocacy Center of Springfield.  In addition, to testimony provided in committee, several advocates including the Child Protection Center in Kansas City submitted written testimony in opposition.

 

Woody Cozad of the Heartland Learning Center and Deanna Gallagher testified in favor of SB1106.

 
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CONFERENCE NEGOTIATIONS BEGIN ON FY'09 BUDGET

Last week the Conference Committee began their work on the budget bills, working out the differences between the House and the Senate version of the bills.  The Senate Conferees are Senators Nodler, Mayer, Rupp, Bray and Green.  The House Republican Conferees are Icet, Stream and Robb for all bills.  Reps. Curls and McClanahan serve as conferees for House Bills 2010 (Department of Health and Mental Health) and 2011 (Department of Social Services). 

Partnership for Children, along with our partners at Citizens for Missouri’s Children, the Missouri Primary Care Association, and the Missouri Association of Rural Health Clinics, continued to lobby the House and Senate last week to maintain the House position related to presumptive eligibility for the state children’s health insurance program.  The House included $3.3 million dollars to expand presumptive eligibility to all community health clinics and rural health clinics. 

Federal law allows states to employ temporary eligibility for children, which means that certain agencies are allowed to take applications to enroll income eligible children into the Medicaid and SCHIP health insurance program.  Children found temporarily eligible can immediately receive all covered health services.  The family then has 30 days to complete the MoHEalthNet for Kids application in order to continue the coverage and the provider receives the reimbursement from the state at the Medicaid/or SCHIP match rate.

According to the latest Census data on the uninsured, approximately 60,000 children under 150% of the federal poverty level are uninsured in Missouri.  For a family of 4, that is just $30,975 per year.  If just 25% of these children ultimately enrolled, potentially 15,000 children could benefit from the implementation of presumptive eligibility.  Having health insurance is a key predictor in ensuring that children see a health care professional, get the medicines they need when they are sick, and are successful in school and in life.

The budget must be approved by May 9. 


INSURE MISSOURI UPDATE

The Senate took up and perfected SB1283, sponsored by Sen. Tom Dempsey this week.   The Insure Missouri piece of the bill was amended and improved thanks to the actions by the Missouri Budget Project and our key advocacy organizations.  The new language clarifies that parents/caregivers with incomes under 100% of federal poverty level would not have to have health savings accounts and would not be subject to high deductive costs.  The bill passed by the Senate added an affordability test similar to that in the SCHIP program and allows for disregarding a small amount of unearned income.

 

The House version of Insure Missouri, HCS HB2413, sponsored by Doug Ervin, is significantly different from SB1283.  According to analysis by the Missouri Budget Project, the House bill requires individuals to find insurance in the private market.  It would also require the use of a waiver for the entire expansion. Waivers require the federal funding to be capped, which means the state, over time, will need to assume an increasing cost burden.  The buzz around Missouri is that there are not enough votes in the House to pass this bill.  Many hospitals are opposed to the bill due in part to a provision that allows hospital expansion without a certificate of need. 

 

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NURSE HOME VISITING LANGUAGE PASSES AS AMENDMENT

This week, language was amended to HB1516 that would make home visiting by nurses reimbursable through the MoHealthNet Program.  Rep. Jason Holsman has stand alone legislation (HB 2423) and recently had a hearing on his bill.  The amendment, offered by Rep. Jason Holsman, passed by a voice vote.

 

Home visiting is a long-standing, well-known prevention strategy used by states and communities to improve the health and well-being of women, children, and families, particularly those who are at risk. Early investments in home visiting programs have been shown to reduce costs due to foster care placements, hospitalizations and emergency room visits, unintended pregnancies, and other more costly interventions.  Currently, states fund their home visiting programs through a number of different funding streams including Medicaid, the State Children’s Health Insurance Program, The Title V Maternal and Child Health Services Block Grant, and TANF.   About a dozen of the nearly 30 states with home visiting programs cover this service under their Medicaid program, either through reimbursement rates, targeted case management dollars or targeted case management administrative funds.

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KANSAS
LEGISLATIVE UPDATE

BUSINESS LEADERS HEAR ECONOMIC, WORKFORCE BENEFITS OF INVESTING EARLY 

 

Investments in early childhood education go hand-in-hand with workforce development and productivity, a group of business leaders were told April 17 in Overland Park.

 

The group of leaders from Johnson and Wyandotte counties, which gathered for a luncheon sponsored by the Committee for Economic Development, heard from Gov. Kathleen Sebelius, as well as national and local experts on the economic benefits of investing in early childhood education programs. Guests were welcomed by Michael Chesser (pictured), president & CEO of Great Plains Energy Services. Chesser serves as a CED trustee and on the Kansas Coalition for School Readiness board of directors.

 

"Preschool programs have long prepared children for educational success, but investing in high-quality early education also offers promising ways to strengthen the future economic and fiscal position of states and the nation," said Michael Petro, president of CED.

 

The luncheon was funded and coordinated in part by early childhood leadership teams in Johnson and Wyandotte counties utilizing a grant from Kansas Action for Children.

 

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NATIONAL UPDATE

 

HOUSE VOTES OVERWHELMINGLY TO DELAY NEW MEDICAID REGULATIONS

 

Last week the House voted overwhelmingly to delay implementation of the Medicaid regulations.  The House passed H.R.5163, which places moratoria on the implementation of the seven regulations.  Although the Bush administration had issued a veto threat, the House passed the bill on a 349-62 vote, ensuring a margin large enough to override a presidential veto.  In Missouri, Congresspersons Carnahan, Clay, Cleaver, Emerson, Graves and Skelton voted YES.  Congressmen Akin and Blunt voted NO and Congressman Hulshof was absent.

 

Now it is up to the Senate to take up the measure.  A similar bill was introduced by Sen. Jay Rockefeller (D-WV), Sen. Olympia Snowe (R-ME) and Sen. Ted Kennedy (D-MA) in early April (S. 2819).  The legislation would impose the same moratoria as H.R. 5613, plus moratoria on two additional regulations.  It also includes a targeted fiscal relief package.  Several Republican Senators, including Sen. Charles Grassley (R-IA) have already come out against the legislation, believing that moratoria is tantamount to ignoring fraud and abuse in the Medicaid program.  It is unclear at this point when the legislation might come up for a vote, although Sen. Max Baucus (D-MT), Chairman of the Senate Finance Committee, has announced his intention to work with his colleagues to stop the implementation of the regulations. 

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COVER THE UNINSURED WEEK APRIL 27 - MAY 3

Cover the Uninsured Week 2008 will take place April 27 – May 3 with thousands of activities across the country. To learn how you can get involved in Cover the Uninsured Week 2008, please visit www.covertheuninsured.org. 

Forty-seven million Americans are uninsured. Nearly 9 million of them are children. More than 8 out of 10 are in working families. In Missouri alone, nearly 543,000 people are without health coverage – that is 11% of our state, which includes nearly 127,000 Missouri children!!! Cover the Uninsured is a national effort of the Robert Wood Johnson Foundation to highlight the fact that too many Americans are living without health insurance and a way to work with our nation’s leaders to come up with solutions.   We hope you will join the nation in helping make health coverage for the uninsured a top priority.

Until Next Week –

Carrie & Emily

Policy & Outreach Coordinators

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